Case Summary
P. K. Lonan and Sons filed a suit against P.L. Kurian and others seeking dissolution of a partnership and partition of partnership assets. The plaintiffs contend that they are entitled to a decree for partition based on their ownership claims.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The plaintiffs failed to prove the existence of a partnership.
The plaintiffs failed to prove the existence of a partnership.
Judgment Evidence:
In the result, the suit and counter claim are dismissed. In the facts of the case at hand, the parties are directed to suffer their respective costs.
Parties Involved
Plaintiffs
P. K. Lonan and Sons (Age not specified years)
Palliparambil, Market Road (North end), Ernakulam, Cochin 682 014
P. L. Sebastian (67 years)
Palliparambil house, House No.40/2685, Meera Bhavan, Surabhi Road, SRRA-26A, Padivattom, Edappally, Kochi - 682 024
Defendants
P.L. Kurian (71 years)
Palliparambil House, Manakkakadavu, Thengodu P.O., Kakkanadu, Cochin - 682 030
P. L. Vincent @ Francis (68 years)
Palliparambil House, (Choolakkaparambil), Power House Road, Kochi - 682 018
P. L. Cleetus (58 years)
Palliparambil House, Market Road, Sankar Nair Colony, Tatapuram P.O, Kochi 682 014
Elsy Jacob @ Mary (Age not specified years)
Thaliasserry House, Pashnithodupalam SN Road, Palluruthy, Kochi - 6
Lilly Joseph @ Anna (Age not specified years)
Puthuparambil House, PAP Road, Thammanam, Kochi - 682 032
Reliefs
Relief Type:
Declaration
Outcome:
Refused
Description:
Decree for the dissolution of the partnership firm named 'P.K Lonan and Sons'.
Evidence:
It is not established that the first plaintiff is a partnership firm.
Relief Type:
Partition
Outcome:
Refused
Description:
Decree for partition of the plaint scheduled properties.
Evidence:
The plaintiffs are not entitled to a decree for partition of the plaint scheduled properties, building and the structures therein, as prayed for.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 360/1974, proof of ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 1757/1985, evidence of relinquishment of rights by the daughters of P.K. Lonan.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
True copy of Lawyer Notice sent by the 2nd plaintiff requesting partition.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Court's findings regarding the plaint schedule property.
Reference:
Ext.C1